Searching Content indexed under Constitutional & Administrative Law by Goodwin Procter LLP ordered by Published Date Descending.
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Casinos Coming To Massachusetts: The Current State Of Play
Notwithstanding its Puritan past and despite substantial opposition, Massachusetts has legalized casino gambling. The legislation authorizing the building of casinos was passed and signed into law in November 2011.
United States
4 Apr 2012
President Signs Jobs Bill; Direct Payment Bond Program Expanded
On March 18, 2010, President Obama signed a $17.6 billion jobs bill, commonly known as the Hiring Incentives to Restore Employment Act ("HIRE Act").
United States
23 Mar 2010
New Executive Orders Favoring Organized Labor Will Affect Many Employers That Provide Goods Or Services To The Federal Government
President Obama recently signed four executive orders, which strongly favor the interests of organized labor and will affect many employers that enter into contracts to provide goods or services to the federal government.
United States
19 Mar 2009
New York Mini-WARN Law Requires 90-Day Advance Written Notice Of Certain Employee Layoffs
The economic downturn that, in late 2008, dealt a sharp blow to many New York employers has led many of those employers to consider reductions in force.
United States
2 Feb 2009
Congress Expands Scope Of Federal Disability Discrimination Law
On September 25, 2008, President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (the “ADAAA” or the “Act”).
United States
8 Oct 2008
Congress Passes And President Signs Into Law Emergency Economic Stabilization Act Of 2008
Congress has passed the Emergency Economic Stabilization Act of 2008, H.R. 1424 (the “Act”) , authorizing the Administration’s $700 billion U.S. economic rescue plan, and President Bush has signed the Act into law.
United States
7 Oct 2008
Federal Agencies Issue Final Interagency Statement Concerning Complex Structured Finance Transactions
The SEC, FRB, FDIC, OCC and OTS (collectively, the "Agencies") issued a final interagency statement (the "Final Statement") on sound practices concerning elevated risk complex structured finance transactions ("CSFTs").
United States
24 Jan 2007
Licensees May Challenge A Patent Without Breaching License
We hold that petitioner was not required, insofar as Article III is concerned, to break or terminate its 1997 license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed
United States
15 Jan 2007
Conference Summary: Basel II and Basel IA: Framework, Issues and Opportunities
On December 13, 2006, Goodwin Procter LLP and Boston University School of Law’s Morin Center for Banking and Financial Law jointly presented a one-day conference in New York on Basel II and Basel IA. Speakers included representatives from all four federal banking regulators and the New York State Banking Department, the SEC, three rating agencies, affected financial institutions, trade groups and publications, as well as partners in Goodwin Procter’s Financial Services Group.
United States
10 Jan 2007
SEC and FRB Vote to Publish New Bank Broker Rules: Proposed Regulation R
The SEC and FRB in separate meetings on December 13 and 18, 2006 voted unanimously to publish new bank broker rules drafted jointly by the two agencies. The proposed regulation would be called "Regulation R" and would make important changes to exceptions of trust/fiduciary, custody, networking and sweep activities from the scope of broker regulation.
United States
19 Dec 2006
Pretexting: Another Landmine In The Field of Internal Investigations
Investigations are a necessary component of prudent corporate oversight. But if not handled properly, investigations can themselves become a source of liability to those authorizing the investigation. The recent indictment alleging misconduct in the course of investigations conducted for Hewlett-Packard demonstrates the potential for legal consequences and negative publicity that can result from increased public scrutiny on investigative practices relating to privacy and data security.
United States
30 Oct 2006
U.S. Department Of Justice Comes Knocking, Raising Specter Of Private Equity Antitrust
Halloween has come early this October, as the U.S. Department of Justice has raised the somewhat spooky prospect of a federal investigation into possible anticompetitive behavior among U.S. private equity firms. This development certainly is surprising for those who experience first-hand how fiercely competitive the private equity and buyout world can be for deals of all sizes.
United States
23 Oct 2006
Federal Banking Agencies Proposed Basel II Securitization and Equity Exposure Rules
A bank that satisfies certain operational requirements and observes restrictions on the provision of implicit recourse to securitizations originated by it must use the securitization framework set forth in Part V of the NPR for on-balance sheet or off-balance sheet credit exposure that arises from the tranching of credit risk of financial assets representing wholesale, retail or equity exposures.
United States
4 Oct 2006
Federal Banking Agencies Propose Amended Market Risk Capital Rules
Four federal banking agencies (the "Agencies") have issued a notice of proposed rulemaking seeking comment on the US implementation of the New Basel Capital Accord ("Basel II").
United States
27 Sep 2006
Federal Bank Regulators and SEC Testify on Capital Rules; Banking Agencies also Address CRE Guidance
Representatives of the four federal banking agencies (the "Banking Agencies") the Conference of State Bank Supervisors ("CSBS") and others spoke before the Financial Institutions Subcommittee of the House of Representatives on the recently published US Basel II NPR, as well as developments with respect to the outstanding proposals concerning so-called Basel IA and the guidance on commercial real estate ("CRE") concentrations.
United States
20 Sep 2006
Banking Agencies Issue Notice Of Proposed Rulemaking For US Basel II
The four federal banking agencies (the "Agencies") issued a notice of proposed rulemaking ("NPR") seeking comment on all aspects of the US implementation of Basel II (which currently is anticipated to begin in early 2008).
United States
13 Sep 2006
Recent Case Emphasizes the Importance of Outlining Specific Obligations in Written Agreements
Each contractual negotiation your company enters into carries with it a common subset of goals. The end result of negotiations should be a contract that both advances your company’s interests and protects its rights. The agreement should also clearly and unambiguously define the rights and obligations of each party during the agreement’s term. In other words, you will want to have a very clear understanding of the precise terms and conditions to which are you agreeing
United States
15 Aug 2006
Pension Reform Bill Passes House and Senate; President Expected to Sign
Congress approved a major pension reform bill (the Pension Protection Act of 2006 (H.R. 4)), which the President is expected to sign in the near future. Once signed by the President, the pension reform bill will amend many provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Set forth below is a preliminary, brief summary of a number of these changes.
United States
9 Aug 2006
Historic Fill at Brownfields Properties: Opportunities and Challenges for Developers
Despite regulatory efforts to streamline the remediation process and provide liability relief to developers, the modestly contaminated fill that underlies many urban and industrial areas ("historic fill") is one of the most common challenges to brownfields redevelopment.
United States
9 Aug 2006
FDIC Issues Several Deposit Insurance-Related Proposed Rules
The FDIC issued a series of proposed rules required by the Federal Deposit Insurance Reform Act of 2005 ("FDI Reform Act") and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005 ("Amendments").
United States
4 Aug 2006
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